Loading...
HomeMy WebLinkAboutORD 291 2003 0305ORDINANCE NO. 291 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 6.04 GENERAL PROVISIONS, CHAPTER 6.08 ANIMAL CONTROL, CHAPTER 6.12 IMPOUNDMENT, AND CHAPTER 6.16 LICENSING OF CATS AND DOGS, OF TITLE 6, ANIMALS, TO ALLOW DESIGNATED CITY STAFF TO ENFORCE TITLE 6 WHEREAS, the City Council determined that it is necessary to provide for animal control in the City to protect public health, property and the quality of life for the community; and WHEREAS, on June 20, 2000, the City Council determined that certain City staff shall provide animal control services in the City, in addition to, and in lieu of, animal control services provided by the county of Ventura Animal Regulation Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6.04.010 of Chapter 6.04 is hereby amended in its entirety to read as follows: Section 6.04.010 Definitions. For the purposes of this chapter, unless the context otherwise requires: The terms "animal regulation department ", "department of animal regulation ", "department of animal control" and "animal control department" mean the county of Ventura animal regulation department, and /or the City Animal /Vector Control Division, as designated by the City Manager. The term "animal pound" means any dog pound, animal shelter, temporary animal pound, or pound vehicle owned or operated by the City, Ventura County, or any other entity on behalf of the City, or under contract to the City. The term "county health officer" means the Ventura County health officer and any duly appointed deputy thereof. Ordinance No. 291 Page 2 The terms "director of the animal regulation department ", "director of animal control" and "poundmaster" mean the person in charge of the animal regulation department of the county of Ventura and any duly appointed deputy of the director of the animal regulation department, and the City Manager, and any duly authorized job classification of city officers and employees or other person designated by resolution of the City Council to exercise duties and authority of the poundmaster. A person "harbors" a dog when he or she feeds or shelters the dog for a period of thirty days or longer. The term "livestock" includes horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets. A person is the "owner" of an animal when he or she has either legal title to the animal or has the legal right of custody of the animal. A dog "runs at large" when it is upon private property without the permission of the person owning or occupying the property, or when it is upon public property and is not upon a leash. Livestock "runs at large" when upon livestock property without the permission of the person owning or occupying the property, or when upon public property and not under the immediate control of a responsible person capable of controlling such animal. The term "tax collector" means the Ventura County tax collector and any duly appointed deputy thereof. SECTION 2. Section 6.08.030 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.030 Leash Requirements. It is unlawful for any person who has the charge or control of a dog to be in a location other than on the property of such person or the property of the owner of the dog including on any public street, alley, lane, park or place Ordinance No. 291 Page 3 of whatever nature open to and used by the public, in the City unless such dog is securely leashed and the leash is no longer than eight feet and held continuously in the hands of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle. It is unlawful for any person to suffer or permit any dog owned, harbored or controlled by such person to be on any private property in the City without the permission of the person owning or occupying said private property. Every person who violates any of the provisions of this section is guilty of an infraction. SECTION 3. Section 6.08.060 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.060 Authority to inspect animals or licenses. Any person who has an custody or control that refuses to exhibit such inspection upon demand officer, or duly author misdemeanor /infraction. animal in his or her possession, willfully or maliciously fails or animal or any license therefor for by the poundmaster or any peace ized City employee is guilty of a SECTION 4. Section 6.08.070 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.070 Noisy animals. Any person who keeps or permits to remain upon any property in the City under his or her ownership or control, other than in an appropriately zoned and licensed kennel or animal hospital, any dog or other animal which by continuous barking, whining or other noise unreasonably disturbs the peace, comfort or quiet of any resident of the neighborhood shall be guilty of a misdemeanor /infraction. SECTION 5. Section 6.08.090 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.090 Dog defecation -- Removal. A. It is unlawful for the owner or person having custody of any dog to suffer, permit, or allow such dog to Ordinance No. 291 Page 4 defecate on any private property in the City without the consent of the owner or person in lawful possession of the property or on any public property in the City. B. It is unlawful for the owner or person having custody of any dog that defecates on any private property in the City without the consent of the owner or person in lawful possession of the property or on any public property in the City to fail to immediately remove the feces by placing it in a closed container or to thereafter fail to deposit the feces in a trash receptacle. C. Every person who violates any provisions of this section is guilty of an infraction. The provisions of this section shall not apply to on -duty police dogs and to a person with a disability as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) who is accompanied by a service animal, which has been trained by a person, licensed under Section 7200 et. seq. of the Business and Professions Code. SECTION 6. Chapter 6.12.010 is hereby amended in its entirety to read as follows: Section 6.12.010 Poundmaster -- Enforcement authority. It shall be the duty of the director of the animal regulation department or any duly authorized City officer or employee to discharge the duties of poundmaster, and to enforce the provisions of this title and any resolution of the City Council adopted pursuant hereto. SECTION 7. Section 6.12.020 of Chapter 6.12 is hereby amended in its entirety to read as follows: Section 6.12.020 Interfering with poundmaster prohibited. Every person who breaks open a dog pound, animal shelter, temporary pound, or pound vehicle, or who willfully resists, delays, or obstructs the poundmaster or duly authorized City employee in the discharge of, or attempt to discharge, any Ordinance No. 291 Page 5 duty of his or her office, is guilty of a misdemeanor /infraction. SECTION 8. Section 6.16.040 of Chapter 6.16 is hereby amended in its entirety to read as follows: Section 6.16.040 Fee. A. The fee for the license required by this chapter shall be as prescribed by resolution of the Ventura County Board of Supervisors, unless superceded by resolution of the City Council. B. The fee prescribed for a dog or cat which has been spayed or neutered, as verified by a veterinarian's certificate, shall be no more than fifty percent (500) of the fee for a dog or cat of the same sex which has not been spayed or neutered. SECTION 9. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 10. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 11. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. Ordinance No. 291 Page 6 PASSED AND ADOPTED this 5th da ATTEST: zw�-k-, 4"ntl Deborah S. Traffenstedtp City Clerk Ordinance No. 291 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 291 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th day of March, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of March, 2003. Deborah S. Traffenste , City Clerk (seal)